California

Assembly Bill 654 (2005)

California Compassionate Choice Act

Introduction:
AB 654 is a bill that would legalize assisted
suicide. It includes the following protection of
conscience provision to prevent health care
providers (including institutions) from being
compelled to participate in the procedure. The
Act does not explicitly require referral by
conscientious objectors, and the protection of
conscience provision could be strengthened by
including such explicit protection.

One point
of interest is the fact that legislators are
willing to formally acknowledge that people who
oppose assisted suicide in principle should not
be compelled to participate in the procedure,
but refuse to apply the same principle to other
morally controversial procedures or services,
such as contraception. [Administrator]

INTRODUCED BY: Assembly Members
Berg and Levine (17 February, 2005)

An act to add Chapter 3.95 (commencing with
Section 7195) to Part1 of Division 7 of the Health
and Safety Code, relating to death.

THE PEOPLE OF THE STATE OF CALIFORNIA DO
ENACT AS FOLLOWS:

SECTION 1.

Chapter 3.95 (commencing with Section
7195) is added to Part 1 of Division 7 of the Health
and Safety Code, to read:

CHAPTER 3.95. CALIFORNIA COMPASSIONATE CHOICE
ACT

Article 3. Immunities and Liabilities

7198.(b) No professional
organization or association, or heath care provider,
may subject a person to censure, discipline,
suspension, loss of license, loss of privileges,
loss of membership, or other penalty for
participating or refusing to participate in good
faith compliance with this chapter.

7198. (d) No health care
provider shall be under any duty, whether by
contract, by statute, or by any other legal
requirement to participate in the provision to a
qualified patient of medication to end his or her
life in a humane and dignified manner. If a health
care provider is unable or unwilling to carry out a
patient's request under this chapter, and the
patient transfers his or her care to a new health
care provider, the prior health care provider shall
transfer, upon request, a copy of the patient's
relevant medical records to the new health care
provider.